civus
Hearing video

ZBA Hearing - April 29, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 29, 20266h 24m

Okay. Is that better? Okay. Is that better? Okay. Is there two computers there or phone or?

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I could you try again

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can you hear me now can you hear me now no it was telling me to join from the

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ma'am if you have if you're using two devices one of them needs to be muted

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and then you can speak through the other one

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why don't we try again

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could you comment I'll check

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Candace it looks like you're connecting to the audio um can you say something so we can see if

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it's working now I'm wondering now that's perfect just stay exactly as you are okay

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could you please state your name and spelled for the stenographer

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Candace, C-A-N-T-Y-S-P-R-E-S-S-L-E-Y.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Counsel?

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Candace, did you hear my presentation today?

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I'm hearing the echo.

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I'm sorry.

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Did you hear my presentation today?

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Yes.

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And is it true and correct?

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Yes.

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and would you adopt it as your own testimony yes thank you and to clarify we're now we're

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saying that the basement has a kitchen and an office is that what we're saying

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correct the office will be in the basement area okay all right questions from the board

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um i guess uh my questions are about um about how many people are we planning to have at any

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given time or do you have a sense of that capacity there will be 70. say it again where you're cut off

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The capacity is 70, 7-0.

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Okay. And then is this the, is there, okay, so I guess the concern is about accessibility here with the steps.

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So is there any plan for handling folks who may have mobility issues or issues with steps?

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Yes, we will have a ramp or a lift, so it will be handicap accessible.

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All right. And then with respect to the kitchen, how is the venting for the kitchen?

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so the on the obstacle there is an existing kitchen however it was too cold our intent is

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to get that done properly and have the proper hood and ventilation everything for

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kitchen you're breaking off yeah you're breaking up my it's okay i can chime in here um i think

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Candace is saying is that we have to do a lot of the renovation work as is. So, part of that work

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would include adding the vents and the hooding to allow for the air and any odors to be properly

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removed from the building. Okay. And I guess I always ask about these vent spaces. If there is

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some sort of room where you have like a sink or water supply for purposes of like mopping,

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being cleaning up the establishment? I see that there's a bathroom, but is there some other room where you have a way that you can, like, have, like, janitorial, like, supplies, say, and a water source for purposes of, like, cleaning tables and mopping the floors?

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is a closet. There is a closet that would be used for storage of supplies or anything that's needed

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to clean up after events. The water supply would be coming from the bathroom and that would be

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something that would be handled free or post. And there's a kitchen downstairs with that office space

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that has a water supply as well. Okay. All right. And then the kitchen, well, I mean, you already

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know that you're going to have the kitchen layout that's going to have to be done by the health

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department so absolutely okay all right thank you any other questions what's what's going on with

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the the back of the building is that going to be utilized how deep is the yard or is there a yard

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so that will be like a green area so just uh i've been sitting we're probably going to put a guard in

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there to the right of that area so is that is that your property to the right of the

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blue building or no right yes it is okay but there's no there's nothing so that'll be open

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space that'll be utilized okay and that's your rear okay of the side

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and parking is just on the street is that what it is yes yeah it's a dead end cul-de-sac so there

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be parking along the street level or along that street

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and just one other thing about the sign there's no sign on this so are you planning to

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ask for permission for a sign because like the sign the awning there with writing on it

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can be considered a sign so are you planning to have a sign not planning to have a sign

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yes we will have finished okay and that'll be in a separate application correct

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it's not part of this yes all right okay thank you council have did you see the uh provisos

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yes i believe they requested that trash be removed 36 hours after the end of each event

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the proviso i'm saying i think i believe it says all events to end by 8 p.m six days

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believe it says all events to end by 8 p.m six days seven days a week

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yes the only request that we're making is that the times be extended for the weekend

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if possible if the board would allow for the cutoff time to be 11 o'clock on the weekends

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as opposed to the 8 p.m time okay other questions what's the plan for parking for managing traffic

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it would be street parking um we did speak to the community regarding that

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because this is a state that's been used in this manner and it's pretty much a cul-de-sac it's

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completely um closed off it's not a two-way street we don't think that truck would don't

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think that parking will be an issue for this particular application okay other questions

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questions from our attorney um not so much questions a couple comments um one yes we

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did receive the proof of tax compliance so we're good to vote on this today um secondly

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i just want to note i think the refusal is missing a couple of refusal items um because

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it is this rsa3 zoning district there should be refusals for parking as well as for multiple

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principal uses on a lot so i just want to note that for the record

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comments from the virtual audience

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planning commission there we have two hands up one from amina mcmillan and one from adela williams

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okay

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what what's hand are we going first hello hi hi could you please state your name and

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spell for the sonographer uh my name is amina mcmillan uh spelled a m e e n a h m c m i

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l-l-a-n right go ahead the zoom has my name spelled strangely i'm not sure what's going on

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with that do you swear or affirm to tell the truth the whole truth nothing but the truth

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i affirm are you a neighbor yes i am please proceed okay so we live directly next to this

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property uh the current house that i'm in uh we have been living here for about eight years

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um i've heard a few things about um the community being spoken to or questions being asked uh i have

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yet to hear anything um asked i'm not sure uh what exactly is um being said to our community in

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particular um but as far as the zoning uh we're a lot of us are not interested in promoting or

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having any business in this area this is a residential area we have a elderly home down

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the street uh so we we look out for each other we have a lot of children that come through and you

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they'd like to play on the basketball court down the street there's you know children live here

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older folks live here families live here um and it's it's been a very big concern for us considering

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past events that have happened in this area um it's you know again it's a residential area

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and i'm hearing things about uh of you know business being operated and um parking being

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on the street but then what about the residents that currently live here well where are we going

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to be able to park and you know business is operating to 11 o'clock in my opinion you know

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that that sounds a bit extreme you know most places you know that have that you know those hours are

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usually you know it's a bit it's a bit extensive and um we we really don't want a lot of activity

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here it's a very quiet neighborhood that's why the majority of us who live here have moved here in

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the first place um again we've had problems where uh people would use the club for all sorts of

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activities um it's caused property damage for us and our neighbors on numerous occasions

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um as well as you know the the um noise and trash and things of that nature it's always

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been a very big concern and you know things have been you know promised to us you know things that

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You know, things have been, you know, promised to us, you know, things that were going to change with the individuals who were in charge of all the events and things that happened at that club, you know, and the promises and things that were said were constantly broken.

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So at this point, you know, we're not interested in any businesses coming to our area, you know, and we're connected to a very large park.

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it's you know there's a wonderful nature trail out there yeah we're not interested in having

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our place you know ruined with you know trash and noise you know i think i understand uh your

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comments counsel do you have any questions um if i could just respond very briefly um we did

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hold the community council why don't there's someone else why not only bring the other person

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on then you can respond to both people okay okay sounds good all right could you bring the next

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person on well chair we got a dollar williams coming back in as a panelist he'll be back in

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I'm sure this, huh?

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Yes, I'm sure.

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it's a double Williams are you there

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but my camera's not working hi I could you um please state your name and spell for the stenographer

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Yes, Adela Williams, A-D-A-L-L-A-8, Williams, W-I-L-L-I-A-M-S.

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Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I affirm.

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Are you a neighbor?

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Yes, I am.

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Are you in favor of this project or against?

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I'm against it.

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Could you tell us anything different than what we've already heard from the prior person?

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Some of it's probably the same.

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The difference is there's Hartley parking out here for people who are not from this neighborhood.

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Okay.

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And there is a business further down the one-way street.

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So there's definitely no parking back there.

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okay and secondly i don't i don't want the zoning change i wanted to keep it as residential i don't

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want to deal with the you know food and trash and stuff like the last

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okay property people and people parking in my driveway with no consideration at all because

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it's literally right next to my my driveway is next to the property okay thank you very much for

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taking the time to calls counsel do you have any questions of this person or do you just want to

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make a general statement i'd like to make a general statement all right is there anyone else in the

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audience no further hands mr chair um why don't you make your uh comments of course i believe

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ms mcmillan mentioned that she was not contacted regarding the community meeting i would like to

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clarify that the meeting was held on july 24th we did send out notice we also posted the property in

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both instances for the zba hearing which i'm assuming is how she became aware of today's

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hearing during those meetings we did speak to neighbors any concerns that were expressed at

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that time we did address furthermore as it relates to trash we will be keeping that

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and removing it within 36 hours of the events along that side area as I mentioned and I will

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just share my screen very briefly this is a one-way street we are permitted to have street parking

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there are several properties along this street as well that have their own parking available to them

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as you can see here and here is now our intention to create any underburdens to neighbors as a

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related to the parking. As you can see from the photos, there's plenty of space that is available

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for individuals to park here. Again, this is a property that's been used in a commercial sense

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dating back to 1978. We understand that it was previously an issue with the prior ownership and

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how it was maintained. I can have my clients speak to how she handles her properties with

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event spaces and an open line of communication with neighbors to ensure that any concerns that

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any concerns that they have regarding the property can be addressed and handled as appropriate.

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they have regarding the property can be addressed and handled.

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Candice, if you could just speak to that very briefly.

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Hi, yes. One thing I'd like to emphasize with our other location, and in general, we're not just an event venue.

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we've had events on real estate ownership we're not just a party venue

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and showing the space next door I mentioned we plan to make it a green

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space where it's you know very appealing and I'm not looking to be a bad neighbor

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to you we have trash collection processes now with the dumpster it picks

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up more than once a week and um plan to be a good neighbor and enhance the property

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that's been delivered and not well thank you counsel you're done or is that your case

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yes it is planning commission

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good morning michael gall with the philadelphia city planning commission

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The comprehensive plan recommends no change to the RSA 3 residential single-family attached zoning at this location.

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There is no unique physical condition or circumstance of the property that would prevent it from being used in strict conformance with the zoning code.

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This is a relatively quiet residential community across from a park and trail system, so there is a high potential for nuisance here.

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The previous approved use was as a private club, not an event assembly facility, so the expected scale of the potential nuisance is different between those two uses,

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and an event assembly facility is typically not located in strictly residential districts

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the city planning commission therefore recommends the board deny the proposed use variances for

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event assembly facility and business and professional office thank you uh council

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we're going to vote on this next wednesday at 9 30 a.m we'll take it to executive session and

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we'll evaluate everything we've heard, okay? Thank you. Thank you. Number six, MI 2025-002-476-157-61

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Bybury Road. Zen Jin is the attorney. There's letters of opposition from the Somerton Civic

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association um why don't why don't we let him sit first he'll make his case and we'll bring you back

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good morning counsel could you please state your name and spell for the sonographer

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yes my name is then jen z-h-e-n-j-i-n you swear or affirm to tell the truth the whole truth nothing

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about the truth i did could you identify your client a relationship to the property yes uh

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if the board could bear with me my uh client is actually sitting next to me mr tashib

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uh he is the tenant and business owner operator of the property our vice chair has a few questions

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for you good morning have you submitted your documents and exhibits five days in advance of

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this hearing yes and do you weigh the read know the refusal and stipulate to its accuracy i do

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all right thank you show your screen and proceed with the case thank you

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my apologies i'm not actually in the zoom um if the board can bear with me for one minute sure

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i seem to have been disconnected from the internet

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Thank you.

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It should be coming in now.

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Okay.

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I'm going to share with the board what was previously submitted.

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Thank you.

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it should be coming up on the screen it's coming it's up great thank you uh good morning this is

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my name is dan jen i'm here for 157 to 61 library road this is an application uh for use of a space

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in a ca1 zoned shopping center for the purpose of a smoke lounge this application was brought

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my client actually leases the space he originally applied for and opened under a restaurant license

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based on advice that was given to him which is incorrect so at some point license inspection

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came and shut him down indicating that he would need to get Smoke Lounge specific

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zoning in order to continue operations the location of this property is in a

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triangular shaped parcel that used to house a Wawa at one point but it's its

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own self-contained commercial strip his location faces Bybury Road and the

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entire space comes to a point between Bybury and the road behind it so that this shopping center

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actually does not directly abut any residential properties. There are residential properties

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across the street. We went to the Somerton Civic Association meeting where they took the position

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that hookah lounges and smoke lounges that my client is seeking to operate is something that

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they as a community generally would not support based on 2019 city changes because again there's

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negative connotation when it comes to this kind of operations my client actually in anticipation of

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the meeting went out and also thought feedback from the neighbors through a extensive petition

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which is actually attached with our exhibits here as you can see we utilize the same notification

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